TERMS AND CONDITIONS
1. Definitions – The following definitions shall apply to the terms and conditions set out below which govern this Contract of Carriage between you and us. “We”, “us” and “our” means subsidiaries, affiliates of ShipCustomerDirect.com and their respective employees, agents and independent contractors; “You” and “your” means the sender, consignor, consignee of the Shipment, holder of this consignment note, receiver and owner of the contents of the Shipment or any other party having a legal interest in those contents; “Carriage” means and includes the whole of the operations and services undertaken by us in connection with the Shipment; “Prohibited Items” means any goods or materials, the Carriage of which is prohibited by any law, rule or regulation of the country in which the Shipment originates, any intermediate stop or destination country for the Shipment; “Shipment” means any envelope, document, package, parcel, satchel or freight which is or are given to and accepted by us for Carriage and is transported under this consignment note.
2. The party with whom you are contracting – Your contract is with the subsidiary or affiliate of ShipCustomerDirect.com or any of their independent contractors that originally accept the Shipment from you. You agree that we may subcontract the whole or any part of the Carriage on any terms and conditions we decide.
3. Your acceptance of our terms and conditions – By giving us your Shipment you accept our Terms and Conditions set out in this Contract of Carriage on behalf of yourself or anyone else who has an interest in the Shipment irrespective of whether you have signed the front of this consignment note or not. Our Terms and Conditions also cover anyone we use to collect, transport or deliver your Shipment. None of our employees, agents or sub-contractors are authorized to waive, alter or modify these terms and conditions. Where you give us the Shipment with oral or written instructions which conflict with these Terms and Conditions we shall not be bound by such instructions.
4. Dangerous goods / security / prohibited items 4.1 Dangerous goods We do not accept Dangerous Goods as specified in the ICAO T.I., IATA DGR, IMDG-Code, ADR or other National or International regulations for surface transport of Dangerous Goods. 4.2 Air cargo security regulations a) You must ensure that the Shipment does not contain a prohibited article as listed in Standard 4.1.1 of the Fifth Edition of ICAO An Annex 17. You must provide a full description of the contents of the Shipment on the consignment note. All Shipments are subject to security screening which may include the use of X-ray equipment. b) You declare that you have prepared the Shipment in secure premises, by reliable staff employed by you, and that the Shipment has been protected against unauthorized interference during preparation, storage and transportation immediately prior to transfer to us. 4.3 Prohibited item We do not accept anything that is a Prohibited Item.
5. Right of inspection – you agree that we or any governmental authority, including customs may open and inspect your Shipment at any time.
6. Routing of shipments – this means, the route, and the method we transport your Shipment shall be at our sole discretion.
7. Customs clearance 7.1 you hereby appoint us as your agent solely for the purpose of clearing and entering the Shipment through customs and you hereby certify that we are the consignee for the purpose of designating a customs broker to perform customs clearance and entry if we sub-contract this work. If any customs authority requires additional documentation for the purpose of confirming our customs clearance status it is your responsibility to provide the required documentation at your expense. 7.2 You certify that all statements and information you provide relating to the exportation and importation of the Shipment will be true and correct. You acknowledge that in the event that you make untrue or fraudulent statements about the Shipment or any of its contents, you risk a civil claim and/or criminal prosecution, the penalties for which include forfeiture and sale. To the extent that we may voluntarily assist you in completing the required customs formalities, such assistance will be rendered at your sole risk. You agree to indemnify us and hold us harmless from any claims that may be brought against us arising from the information you provide to us and pay any administration fee(s) we may charge you for providing such assistance. 7.3 Any customs penalties, storage charges or other expenses we incur as a result of the actions of customs or governmental authorities or your failure and/or the receiver’s failure to provide proper documentation and/or to obtain the required license or permit will be charged to you or the receiver of the Shipment. In the event that we decide to charge the receiver and the receiver refuses to pay the incurred charges, you agree to pay them.
8. Incorrect address and P.O. Box numbers – If we are unable to deliver a Shipment because of an incorrect address, we will make all reasonable efforts to find the correct address. If the correct address is found we will notify you of the correction. A redelivery fee will be charged to your credit card. We will deliver or attempt to deliver the Shipment to the correct address. Please note we are not able to deliver to P.O. Box numbers.
9. Undeliverable and rejected shipments – Where we are unable to complete the delivery of a Shipment we will try to leave a notice at the receivers address stating that delivery has been attempted and provide you with the current whereabouts of the Shipment. If after one more attempt delivery has not been made or the receiver refuses to accept delivery we will try to contact you and agree upon the appropriate action to take. You agree to pay us any costs we incur in forwarding, disposing of, or returning the Shipment and our charges (if any) for making a third or more delivery attempt.
10. Your obligations You warrant to us: a) that the contents of the Shipment have been properly described and that the consignment note including the consignees address has been accurately and legibly completed; b) that the contents of the Shipment have been labelled and packed safely and carefully to protect them against the ordinary risks of transport; c) that the contents of the Shipment are not Prohibited Items and/or not restricted by IATA or ICAO and that you will supply to us any dangerous goods declaration that is needed, properly and accurately in accordance with all applicable laws, rules and regulations. You agree to indemnify us and hold us harmless from any liability we may suffer or any costs, damages or expenses including legal costs we incur arising out of you being in breach of any of these warranties.
11. Extent of our liability – Subject to clause 12 below we limit our liability for any loss, damage or delay of your shipment or any part of it as follows: For international carriage our liability is limited to USD 9.07 per pound or USD 20.00 per kilogram (but under no circumstances more than the actual declared commercial value of the goods at destination), unless you declare a higher value for carriage on the air waybill and a charge is paid therefore. For all shipments, other than ones containing articles of extraordinary value/valuable cargo, the maximum declared value is USD 100,000. For shipments containing articles of extraordinary value/valuable cargo, the maximum declared value is USD 500.00 or USD 9.07/lb. (USD 20.00/kg.), whichever is greater. Even if a higher value is declared, our liability for loss, damage or delay of a shipment will not exceed its repair costs, its depreciated value or its replacement cost, whichever is less.
12. Exclusions 12.1 We shall not be liable for any consequential or special damages or loss (including loss of income, profits, markets, reputation, use of contents or loss of an opportunity) or other indirect loss arising from the loss, damage, delay, misdelivery or non-delivery of your shipment even if we had knowledge that such damages or loss might arise (as specified in detail below point 12.4). 12.2 We shall not be liable if your Shipment or any part of it is lost, damaged, delayed or misdelivered or not delivered at all as a result of: a) Circumstances beyond our control such as: * Acts of G-d which shall include earthquakes, cyclones, storms, flooding, fire, disease, fog, snow, frost; * Force Majeure which shall include war, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes, civil commotions; * National or local disruptions in air or ground transportation networks, mechanical problems to modes of transport or machinery; * Latent defects or inherent vice in the contents of the Shipment. b) Your acts of omissions or those of third parties such as: * You being in breach of or any other party claiming an interest in the Shipment causing you to breach your obligations under these terms and conditions (in particular those warranties set out in Clause 10 above); * An act or omission of any customs, airline, airport or government official. c) The contents of the Shipment consisting of any article which is a Prohibited Item even though we may have accepted the Shipment by mistake. 12.3 We are not common carriers and no liability will be assumed by us as such. 12.4 WE WON’T BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, IN EXCESS OF THE DECLARED VALUE OR US$9.07 PER POUND (US$20/KG.), WHICHEVER IS GREATER, FOR CARRIAGE OF A SHIPMENT ARISING FROM TRANSPORTATION SUBJECT TO THE SERVICE CONDITIONS CONTAINED IN THIS SERVICE GUIDE, WHETHER OR NOT WE KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES MIGHT BE INCURRED, INCLUDING, BUT NOT LIMITED TO, LOSS OF INCOME OR PROFITS. We will not be liable or responsible for loss, damage or delay caused by events that we cannot control. Exposure to and risk of any such loss is assumed by you or transferred by you to an insurance carrier through the purchase of an insurance policy. You should contact your insurance agent or broker if insurance coverage is desired. WE DO NOT PROVIDE INSURANCE COVERAGE OF ANY KIND. We will not be liable for, nor shall any adjustment, refund or credit of any kind be made as a result of any loss, damage, delay, misdelivery, nondelivery, misinformation or failure to provide information including, but not limited to, any such loss, damage, delay, misdelivery, nondelivery, misinformation or failure to provide information caused by or resulting from:
A. The act, default or omission of the sender, recipient or anyone else with an interest in the shipment.
B. The nature of the shipment or any defect, characteristic or inherent vice of the shipment.
C. Your violation of any of the terms and conditions contained on our air waybill or in our Service Guide as amended from time to time, including, but not limited to, incorrect declaration of cargo, improper or insufficient packing, securing, marking or addressing of shipments.
D. Perils of the air, public enemies, public authorities acting with actual or apparent authority on the premises, authority of law, acts or omissions of Customs or quarantine officials, riots, strikes or other local disputes, civil commotions, hazards incident to a state of war or weather conditions (as determined solely by Federal Express), or mechanical delays, or national or local disruptions in air or ground transportation networks due to events beyond our control, or disruption or failure of communication and information systems. In such circumstances, we will make reasonable efforts to transport and deliver packages to their destination as quickly as practicable under the circumstances; and we are under no duty to advise you of the potential existence of any one or more of these circumstances.
E. Acts or omissions of any person other than us, including our compliance with verbal or written delivery instructions from the sender or recipient.
F. Loss of or damage to articles packed and sealed in packages by the sender, provided the seal is unbroken at the time of delivery, the package retains its basic integrity, and receipt of shipment by the recipient without written notice of damage or the delivery record.
G. Delays caused by Customs clearance procedures or those of other regulatory agencies.
H. Delays in delivery caused by adherence to ShipCustomerDirect.com policies regarding the payment of duties and taxes.
I. Our inability to provide a copy of the delivery record.
J. Erasure of data from magnetic tapes, files or other storage media or erasure of photographic images/sound tracks from exposed film.
K. Our failure to honor “package orientation” graphics (e.g., “UP” arrows or “THIS END UP” markings) or other sender’s instructions on packaging, or damage to shipments not in packaging approved by us prior to shipment where such prior approval is recommended or required herein.
L. Damage in transit or in handling of, or concealed or other damage to, fluorescent tubes, neon lighting, neon signs and X-ray tubes, glass, sea urchins, sea urchin roe or other inherently fragile items.
M. Our failure to notify you of any delay or loss of your shipment.
N. Shipments released without obtaining a signature if the recipient has provided authorization by signing a release delivery authorization and indemnification agreement.
O. Our failure or inability to attempt to contact the sender or recipient concerning incomplete or inaccurate address; incorrect, incomplete, inaccurate or missing documentation; payment of duties and taxes necessary to release a shipment; or an incomplete or incorrect customs broker’s address.
P. ShipCustomerDirect.com will not be liable for any package where our records do not reflect that the package was tendered to us by the customer.
3. Increased limits of liability
13.1 If you are dissatisfied with our limits of liability then on payment of our current surcharges, we will increase our limits of liability for loss or damage to your Shipment to twice that of the Warsaw Convention limit for carriage by air and four times the CMR limit for carriage by road.
13.2 For documents weighing less than 12.5 kilos on payment of the appropriate surcharge we agree to increase the limit of our liability to 500 USD per Shipment.
13.3 The increased limits of our liability do not apply where.
- Our liability is excluded as set out in the Clauses above;
- You have taken out insurance cover with us;
- The Shipment is delayed;
- You fail to pay us the surcharge having been invoiced for it;
14. Insurance [not available for documents] Due to the risks of loss or damage to the contents of a Shipment we advise you to purchase insurance cover from us for the full value of the contents by completing the relevant box on the cover of the consignment note. Our insurance covers against all risks of loss and damage during Carriage up to a maximum of 100.000.00 USD. It does not cover consequential loss or delays in Carriage.
15. Claims brought by third parties You undertake to us that you shall not permit any other person who has an interest in the Shipment to bring a claim or action against us arising from the Carriage even though we may have been negligent or in default and if a claim or action is made you will indemnify us against the consequences of the claim or action and the costs and expenses we incur in defending it.
16. Claims procedure If you are dissatisfied with our limits of liability then on payment of our current surcharges, we will increase our limits of liability for loss or damage to your Shipment to twice that of the Warsaw Convention limit for carriage by air and four times the CMR limit for carriage by road. a) You must notify us in writing about the loss, damage or delay within 21 days after delivery of the Shipment or within 21 days of the date the Shipment should have been delivered and then within the next 21 days document the claim by sending us all relevant information about the Shipment and the loss, damage or delay suffered. We are not obligated to act on any claim until our transportation charges have been paid nor are you entitled to deduct the claim for those charges; b) We will assume the Shipment was delivered in good condition unless the recipient has noted the damage on our delivery record when he accepted the Shipment. In order for us to consider a claim for damage the contents and the original packaging must be available to us for inspection; c) Your right to claim damages against us shall be extinguished unless an action is brought in a court of law within 2 years from the date of delivery of the Shipment or from the date on which the Shipment should have been delivered or from the date on which the Carriage stopped.
17. Rates and payment
17.1 You agree to pay our charges for the Carriage between the locations specified on the consignment note and any value added taxes for the Carriage by credit card at the time of placing your order in accordance with the rates applicable to your Shipment as set out in our current website pricing or which have been agreed separately with you. All import duties, value added taxes on goods and all other charges levied on the Shipment shall be payable by credit card when placing your order. Our current website pricing may also contain additional payment terms and conditions. We charge the higher of the actual weight or the volumetric weight of the Shipment calculated in accordance with the volumetric conversion equation set out in current website pricing. We reserve the right to charge interest on all outstanding invoices at the rate of 1% per month.
17.2 Even if you have given us different payment instructions or you have agreed with the receiver of the Shipment or another third party that they will pay our charges and/or any duties, taxes, assessments, expenses, surcharges and fines levied or incurred by us in connection with the Shipment if the receiver or that third party refuses to pay our charges for the Carriage or reimburse us for any of the above costs you agree to pay them within 7 days of us notifying you of the refusal to pay.
17.3 We shall have a general lien on all of your Shipments in our possession at any one time with the right to sell their contents and retain the proceeds instead of any amounts that you may owe us for previously delivered Shipments. 17.4 Using our accounts with other carries for third party billing shipments. You are responsible with all charges. Regardless of dispute or amount charged, you agree to pay the billed amount to you.
18. Law and jurisdiction 18.1 In the event that any term or condition is declared invalid or unenforceable such a determination shall not affect any other provision of this Contract of Carriage all of which shall remain in force. 18.2 Disputes arising from this Contract of Carriage relating to the amount of moneys owed to us by you shall be subject to the laws and the courts of the country in which the subsidiary or affiliate or branch of ShipCustomerDirect.com or the independent contractor that accepts your Shipment for Carriage is based. All other disputes arising from the Contract of Carriage shall be subject to the laws of Montreal, Quebec Canada and shall have exclusive jurisdiction.
19. Credit Card Shipping We hold the right to recharge customer credit card under following conditions: Incorrect weight: If declared weight does not match the actual weight. Additional Charge: Additional charges may apply for some shipments such as residential address, incorrect shipping address etc…..
20. Packing and Marking of Packages You are responsible for ensuring that the cargo is packed appropriately for carriage so as to ensure that it can be carried safely with ordinary care in handling and so as not to injure or damage any persons, goods or property. Each package must be legibly and durably marked with the name and full address, including ZIP/postal code, of the shipper and consignee. U.S. Import consignments shipped on a wooden skid or using a solid wood packaging must include appropriate USDA Certification Statement. Briefcases, luggage, garment bags, aluminum cases, plastic cases, computer cartons or similar types of items whose outer finish might be damaged by adhesive labels, soiling, marking or other types of surface damage that is normal with ordinary care in handling should be placed in a protective container for shipment.
21. Consignments Ready For Carriage 1. The following requirements must be met in order to deliver consignments “ready for carriage”: a) Air waybill The air waybill must be accurate and complete in all respects, including the completion of payment box, the charges box (both weight and declared value), and the checking of weights, measurements and nature of goods. b) Documentation All documents necessary for each consignment for determining the nature of the goods and export, import or transit documents as required to present to Customs or any governmental body, must be completed and/or checked and must accompany the air waybill. c) Marking of packages All packages of each consignment must be marked in the following way: either all packages show the consignee’s name, street and city address, including ZIP/postal code, as on the air waybill, or this information is shown on one or more packages with an appropriate reference thereto on all other packages in the consignment. d) Packing The contents of each consignment must be properly packed for carriage so as to ensure that they can be carried safely with ordinary care in handling and so as not to injure or damage any persons, goods or property. Dangerous Goods must be packed in accordance with IATA Dangerous Goods Regulations. Consignments containing articles of extraordinary value must be packed in outside containers with measurements of 28.3 cubic decimeters (12 in. x 12 in. x 12 in. /1,728 cubic inches) or more. e) Labeling of packages Labels must be fully visible and all old labels and markings must be obliterated. A completed cargo IDENTIFICATION LABEL or stencil must be attached to each package. f) Shipper’s Declaration for Dangerous Goods The Shipper’s Declaration, duly signed and completed, as described in the applicable dangerous goods regulations, must be provided by you. If a consignment includes dangerous goods, such goods must be offered separately and clearly indicated on the air waybill.
22. Items restricted from shipping The following items are not acceptable for carriage to any international destinations. Various regulatory clearances in addition to customs clearance may be required for certain commodities, thereby extending the transit time. If you ship an item that is restricted or requires a special permit or license which enables customs clearance, the shipment will have to be held for 5 days and then returned back to Origin and you will be responsible for the return shipping charges.
1. APO/FPO addresses.
2. C.O.D. shipments.
3. Goods packed insufficiently and/or not standard forms of packaging.
4. Goods which require in any way particularly careful treatment (because they are e.g. particularly fragile or can only be transported upright or only lying on a certain side)
5. Human corpses, human organs or body parts, human and animal embryos, or cremated or disinterred human remains.
7. Firearms, weaponry and their parts.
8. Perishable foodstuffs and foods and beverages requiring refrigeration or other environmental control.
9. Live animals (including insects).
10. Plants and plant material, including cut flowers.
11. Lottery tickets and gambling devices where prohibited by local, state, provincial or national law.
12. Money (coins, cash, currency, paper money and negotiable instruments equivalent to cash such as endorsed stocks, bonds and cash letters).
13. Collectable coins and stamps.
14. Phone cards and pre-paid cards, e.g. for mobile phones.
15. Particularly valuable goods (e.g. money, precious metals and stones, jewelry and genuine pearls, objects of art, antiques).
16. Valuable documents (e.g. securities, acceptance bills, savings books).
18. Shipments* being processed under:
a) Duty drawback claims unless advance arrangements are made.
b) Temporary Import Bonds
c) U.S. State Department licenses.
e) U.S. Drug Enforcement Administration export permit.
f) Shipments destined to or being withdrawn from a Foreign Trade Zone.
g) Letters of Credit
h) Certificate of Registration shipments (CF4455).
i) Shipments moving into or out of Foreign Trade Zones or bonded warehouses.
j) Fish and Wildlife/CITES export permits.
19. Hazardous waste, including, but not limited to, used hypodermic needles or syringes or other medical waste.
20. Shipments that may cause damage to, or delay of, equipment, personnel or other shipments.
21. Shipments that require us to obtain any special license or permit for transportation, importation or exportation.
22. Shipments whose carriage, importation or exportation is prohibited by any law, statute or regulation.
23. Shipments with a declared value for customs in excess of that permitted for a specific destination. (See the Declared Value for Carriage and Limits of Liability section.)
24. Dangerous goods except as permitted under the Dangerous Goods section of these terms and conditions.
25. Dead animals (including insects) or animals that have been mounted.
26. Packages that are wet, leaking or emit an odor of any kind.
27. Money-Back Guarantee. This Guarantee can be suspended or revoked at our sole discretion without prior notice to you. We will, at our option, and upon request, either refund or credit to the applicable invoice only your transportation charges if we fail to make deliver your shipment by the Quoted Delivery Commitment Time. You agree that our records regarding Quoted Delivery Commitment Times constitute conclusive proof of any such quotes. Quoted Delivery Commitment Time is the time published in the ShipCustomerDirect.com booking record.
The following limitations apply:
A. Where Customs or other regulatory agency delays are incurred.
B. An exact delivery commitment time can be obtained by telephoning Customer Service and supplying us with all of the following:
1. Air Waybill number
2. Date of the shipment
3. Exact origin and destination
4. Weight of the shipment
Any transit time published in the ShipCustomerDirect.com Terms and Conditions or elsewhere or quoted by Customer Service without the above required facts is only an estimate and is not a Quoted Delivery Commitment Time.
D. Freight arrival at destination within 1 day of the Quoted Delivery Time constitutes timely delivery.
E. To qualify for a refund or credit due to late delivery, you must notify us of the service failure and request a refund or credit of your transportation charges in compliance with the conditions listed below. If you do not comply with these conditions, you are not entitled to receive a refund or credit and cannot recover compensation for a service failure in any lawsuit.
1. Requests for refund or credit of transportation charges due to a service failure must be submitted via our claim form or by telephone to 877-88-SHIP2, 877-887-4472 or in writing to ShipCustomerDirect.com, 7107 TransCanada, Suite 301, Ville St-Laurent, QC H4T1A2.
2. Your notification of a service failure must include your ShipCustomerDirect.com air waybill number, shipment weight, the pieces that were late, and the date of the shipment.
3. All requests for refund or credit of transportation charges must be received via one of the approved channels within 15 calendar days from the ship date.
F. A credit or refund under our Money-Back Guarantee Policy will be applied only against transportation charges for the shipment giving rise to the credit.
G. A service failure will not be deemed to have occurred if after you notify us we provide you with:
1. Proof of timely delivery, consisting of the date and time the freight was recorded by ShipCustomerDirect.com at destination.
2. Service exception information reflecting that the failure to perform timely resulted from circumstances described under “Liabilities Not Assumed.”
H. We are not obligated to respond if your request is not received within the time limits stated above.
I. A service failure will not be deemed to have occurred if a “ship to” address provided at the time of shipment was not accurate.
J. Only one refund or credit is permitted per shipment and can only be requested by the payor.
K. In the case of multiple-piece shipments, this Money-Back Guarantee will apply to every piece in the shipment. If a service failure occurs for any piece within the shipment, a refund or credit will be given only for the portion of the transportation charges applicable to that piece.
L. A refund or credit will not be given for shipments due to any of the causes described under “Liabilities Not Assumed.”
M. This Money-Back Guarantee does not apply to requests for invoice adjustment based on overcharges.
N. This Money Back Guarantee applies only to transportation charges paid by U.S. -and Canadian-based payors and does not apply to duties, taxes or other charges.
O. The Money-Back Guarantee for shipment delays is prorated based on the number of packages within the shipment where delivery is not completed by the Quoted Delivery Commitment time.
P. This Money Back Guarantee does not apply to undeliverable or returned shipments, or to any shipment containing dangerous goods or dry ice.
Q. Credits for transportation charges will be applied to the payor’s account only, and refunds will be made payable to the payor only.
R. The shipment must not have been tendered for transportation during the three (3) calendar days before Christmas. Money Back Guarantees for service failures are suspended for shipments tendered to us during this period.
S. Holidays in international locations will affect our transit times. Contact Customer Service for information on commitments which may be affected due to the observance of these holidays.
T. There are no delivery commitments for shipments on which the Money-Back Guarantee is suspended.
U. No refund or credit will be provided if a shipment was not booked as required.
* Offer void where prohibited by law.